Right of First Refusal on Company Issuances. (A) The Company hereby grants to each Stockholder the right of first refusal to purchase its Pro Rata Share (defined below) of all (or any part) of New Securities (defined below) that the Company may from time to time propose to sell and issue. Stockholder's "PRO RATA SHARE," for purposes of this Section 3, is the ratio of the number of shares of Common Stock (assuming conversion of all shares of Designated Preferred) then held by such Stockholder to the total number of shares of Common Stock then outstanding (assuming conversion of all shares of Designated Preferred). This right of first refusal shall be subject to the following provisions:
Appears in 3 contracts
Samples: Investors' Rights Agreement (Aurora Biosciences Corp), Preferred Stock Purchase Agreement (Aurora Biosciences Corp), Investors' Rights Agreement (Aurora Biosciences Corp)
Right of First Refusal on Company Issuances. (Aa) The Company hereby grants to each Stockholder Shareholder the right of first refusal to purchase its Pro Rata Share (defined below) of all (or any part) of New Securities (defined below) that the Company may from time to time propose to sell and issue. StockholderSuch Shareholder's "PRO RATA SHARE," for purposes of this Section 3, is the ratio of the number of shares of Common Stock (assuming conversion of all shares of Designated Series A Preferred and Series B Preferred) then held by such Stockholder Shareholder to the total number of shares of Common Stock then outstanding (assuming conversion of all shares of Designated Series A Preferred and Series B Preferred). This right of first refusal shall be subject to the following provisions:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Vista Medical Technologies Inc), Preferred Stock Purchase Agreement (Vista Medical Technologies Inc)
Right of First Refusal on Company Issuances. (Aa) The Company hereby grants to each Stockholder Shareholder the right of first refusal to purchase its Pro Rata Share (defined below) of all (or any part) of New Securities (defined below) that the Company may from time to time propose to sell and issue. StockholderSuch Shareholder's "PRO RATA SHARE," for purposes of this Section 3, is the ratio of the number of shares of Common Stock (assuming conversion of all shares of Designated Series A Preferred) then held by such Stockholder Shareholder to the total number of shares of Common Stock then outstanding (assuming conversion of all shares of Designated Series A Preferred). This right of first refusal shall be subject to the following provisions:
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Vista Medical Technologies Inc)
